Land Use Law in the Face of a Rapid-Growth Crisis: The Case of Mass-Immigration to Israel in the 1990s

The purpose of this Essay is to investigate the effect of an extremely accelerated growth rate—a crisis—on land use legislation and decision-making structure

When the Right to Compensation for “Regulatory Takings” Goes to the Extreme: The Case of Israel

This Article discusses the statutory law, its relationship to constitutional law, and the ways the courts have interpreted key elements of legislation. It also offers some hypotheses about factors that may be driving the steep increase in the number of claims and the impact this has had. Occasionally, the author’s views will be incorporated regarding suggestions for partial reform of what has become a runaway compensation scheme

Introduction: Regulatory Takings Viewed through Cross-National Comparative Lenses

This two-volume Symposium covers eleven advanced economy, democratic countries and represents a wide variety of laws and practices

From a minor to a major profession: Can planning and planning theory meet the challenges of globalisation?

The years 2016–2017 have opened up a dream-world set of opportunities for the planning profession. To what extent are planning education and the global planning profession intrinsically ready to take up these opportunities, and are there prices to be paid

Evaluating Linkage and Beyond: Letting the Windfall Recapture Genie out of the Exactions Bottle

This Article proposes a partial remedy for this shortcoming in the innovation process. Rather than waiting for results of ex post facto evaluations of linkage, this article proposes that many facets of linkage can be evaluated today. After surveying both existing and proposed policies, the article evaluates existing programs in terms of their legality, capacity to deliver lower income housing, and their broader public policy implications from economic, social, and planning perspectives

Corruption in planning, institutional design, and legal norms: a global challenge to planning law

Proceedings of the IV World Planning Schools Congress, July 3-8th, 2016 : Global crisis, planning and challenges to spatial justice in the north and in the southPlanning legislation is today on the books of most countries of the world. All advanced economies certainly have planning laws. Recently there is a new momentum across the globe whereby many developing and transition countries too, either adopt planning laws for the first time, or replace antiquated dysfunctional laws. But what about corruption and planning law? What do we know about this unspoken “guerrilla in the room” which decision makers, consultants, and scholars, all wish to ignore? Any planning-law system inevitably enables considerable discretion about the use and development of land. Planning laws enable the authorities to make plans – and these entail a considerable amount of judgment. Needless to say, the designation in plans of some parcels of land for lucrative development and other parcels for historic preservation, public services, or open space – all affect the value of land. Planning instruments used to implement plans also entail considerable leeway for decisions, such as the number and timing of building permits to be granted and those postponed or denied, variations allowed from the plan’s rules, and designation of some parcels fo land for expropriation. These and many more types of decisions steer great amounts of wealth, and can direct it to certain areas in cities or regions, and ultimately, to specific individuals who have much to gain, or lose. Land is not just another type of commodity. Land is the custodian of a major part of global wealth. There is no index specifically focused on planning or land-related corruption, but all planning systems are susceptible to corruption to some extent. Even in countries with a very good score on the international “corruption perception index”, decision makers are not immune to land-related temptations.publishedVersio

Planning for public participation: The design of implementable strategies

In the hope of improving the performance of public participation programs in practice, this paper applies a perspective drawn from the recent literature on implementation assessment to the design of such programs. Viewing participation not only as a way of structuring the relationship among groups, but as itself an object of varying interests and perceptions, the paper proposes the concept of a strategy of participation which implies the need to take into account the likely actions and points of view that the actors might take vis-a-vis the participation program. The paper presents a framework whereby alternative participatory strategies may be designed and methods selected. This framework is based on a set of six decision variables: the type of issue; goals and objectives; definition of the public; the power relationship; the stage in the planning process; and types of resources.